H1 bandwagon has started again

The H1 Bandwagon has started again with people trying to find companies who fill file their H1 and large outsourcing providers, who will file H1 for 1000's of their employees hoping to get some. Lawyers are again making money. The immigrants will be hopeful that they get their H1, or their green card or their naturalization request processed. But the immigration bill will remain stuck. The US Government will remain frozen. What they do not realize is that they are doing more harm then helping. Illegal immigration is a separate issue from legal immigration and it is also a separate issue from security.

Reasoning of security work well, when they are being applied at people who are outside the country. But they can not be applied in same way to people who are already in country, legally or otherwise.

Very same way, Legal Resident Aliens and Permanent Resident Aliens are different from illegal immigrants. They are here legally.  They pay taxes. They adhere to laws. Treating them in same way as illegal residents while passing the law does not really help. It will just drive them away.

IT Czar of US?

Well, someone in US Government thinks that there is a lack of talent in US.

"The IT work force is not skilled enough and almost never can be skilled enough," said Robert Cresanti, undersecretary of commerce for technology at EWeek.

Well, why should there be? You can not bring Sahara or Mt. Everest to United States. Can you? I think it is nature's way of balancing (what's nature got to do with it, you may think. I may ask you, what is Nature?").

But there are few ramifications.

1. US needs to spend more money in education (rather then defence).
2. US needs to import Talent (as education will take at least 5-10 years to generate engineers required, and still there is no guarantee).
3. US needs to increase outsourcing.

Well, if someone says outsourcing is bad, then I have a question for them. Why 90% of goods sold by Walmart are made in China or anywhere else in the world (but not USA)?

The H1B related post and other questions

Recently, lot of questions have been coming to me over the email about H1B. I hope to put them here and some comments, for anyone who may find it useful. I am noway an expert in laws. The best advice that I can give is to contact a lawyer.

Can H1B be cancelled by the Employer?

Yes

If H1B is cancelled, what options are left with Employee?

Employee falls out of status, Employee needs to return to India

If an H1B Employee has found another employer and wants to change the job, what should he do?

There is no cookie cutter process, but following should help:

1. Check if your state is an "at-will" state. Most US States are. If so, employers can not bind employee in contracts.
2. Get your H1B Tranfer Application filed by your new prospective employer. Do not inform your old employer till this point, if employer has an history/tendancy to cancel the visa.
3. Resign from your current job, serve a reasonable notice period (most companies should be okay with 2 weeks).
4. Once H1B Transfer application is filed, you should be able to start at new employer.

Does an Employee need to inform Previous Employer while filing H1B Transfer?

No.

Employee's notice period is too long.

See a Lawyer. Notice period is not an H1B issue, but more of a Department of Labor and Department of Justice Issue.

Employee wants to continue at old employer even after filing an H1B Transfer.

Employee can do that. H1B Transfer does not mean you have to start working at new employer. Employee can continue to work at previous employer till that petition expires. But since the new employer has spent some money (filing fee, lawyer fee) and is hopefully recruiting you for a project, the new employer may not be ready to wait. Check with your new employer.

Wipro and recruiting

It appears that Wipro is thinking ahead. Wipro is talking to various candidates (employees of its competitors), about joining Wipro.

Well, What about it? Isn't that something everybody does?

Yes, that's what almost everybody does.

Then, What is it, that Wipro is doing different?

Well, Wipro is talking to various candidates on L1B.

But how would that help? People on L1B can not switch the companies.

That's right. People on L1B can not switch company (But what if they get their H1B)?

But H1B is still 11 months away. 2007 Quota is over, and a person can not start working with 2008 quota till 1st October 2007.

Wipro knows that. It is taking commitment from those employees right now and is getting ready to file their H1B. Come 1st October 2007, all these guys will be working for Wipro just by changing their status.

That's what I call as thinking ahead. Wipro has taken a cue from Employees on L1B who file H1B thru various job consultants and turned it in to a strategy to ensure that it has supply of quality resources in 2008 and it will not face a resource crunch.